Question And Answer

Certified as a Specialist in Family Law
by the Law Society of Upper Canada

Family Lawyer Toronto - divorce, custody & access, support, marriage contracts & more..

TESTIMONIALS

CONTACT US

Steven Benmor
Tel: (416) 489-8890

NEWSLETTER

Enter your email address to sign up for Steven Benmor's Family Law Newsletter

PRO BONO APPLICATION

HARASSMENT POLICY

PRIVACY
POLICY

YOUR QUESTIONS ANSWERED

NOTICE TO READER: The answer to each question below is a brief summary for informational purposes only and is only applicable in the Province of Ontario. It is not meant to be legal advice. If you require information or advice as it relates to your individual circumstances you are advised to consult with your own lawyer or retain the legal services of Steven Benmor.

Why should I speak with a lawyer?

You cannot protect your legal rights if you do not know what they are. Each spouse should speak with a lawyer to find out what his or her family law rights and obligations are. You and your lawyer will have regular, open and honest discussions about your case. Your lawyer will give you reasonable expectations of your case, advise you of the different options available to you and discuss the merits and weaknesses of your case. He or she will recommend a course of action that is suitable for you and make sure that your legal interests are fully protected.

Custody & Access

•	Will I get custody of my children after we separate?
•	Can I get a restraining order to protect me?
•	Can I move away with the children?
•	Do grandparents have the right to visit their grandchildren?
•	What is a Custody/Access Assessment?
•	Can I use my personal journal to prove how poor access has been?
•	Am I allowed to spank my children?
•	Is 'race' a factor that is considered in custody cases?
•	What is 'supervised access'?
•	Can a Judge bar a parent from smoking around a child?
•	Does the Internet have any impact on custody and access rights?
•	Can a mother be convicted of abducting her own children?
•	What happens when separated parents cannot agree on anything regarding their child?
•	Can you sue for custody and support of your pet?
•	Do grandparents have the right to visit their grandchildren?
•	Can biological parents still have a relationship with their children even if the children have been made crown wards for the purpose of adoption?
•	How far is too far to go to remove children from their father after separation ?

Support

•	Who pays child support?
•	Am I paying too much child support or receiving too little?
•	Will I be required to pay spousal support?
•	May I stop paying child support because my spouse will not let me see my children?
•	When does child support end?
•	Do I have to pay child support if the pregnancy was not planned?
•	Do I have to pay child support if I learned that I am not the biological father?
•	Can I collect child support if the payor is in the U.S.?
•	Is a woman who earns a salary of $68,000 per year and is financially independent still entitled to ongoing spousal support from her ex-husband?
•	Do you still have to pay child support if you share custody of your child with the other parent?
•	What is the Ontario government doing to collect unpaid support?
•	What can a spouse be entitled to after an 18 month marriage?
•	Do you have to increase your child support when your income rises?
•	Can a support payor take early retirement?
•	Are the Child Support Guidelines fair to the access parent?
•	Can you sue for custody and support of your pet?
•	When it comes to the Canada Child Tax Benefit, which separated parent is entitled to it?
•	What is new with how Canada Revenue Agency pays the Canada Child Tax Benefit and the GST/HST Credit where parents share custody of their child?
•	Can a parent be forced to pay child support going back in time ?
•	What is the Ontario government doing to collect unpaid support (...the saga continues) ?
•	Is private school a necessary expense to be paid by a non-custodial parent ?
•	Can child support be based on support that the child's father receives from his parents ?

Divorce

•	When can I ask for a divorce?
•	What is an uncontested divorce?
•	How long does it take to get a divorce?
•	Can I sue my husband for Emotional Distress?
•	Can you get a divorce if your husband has an affair with another man?

Property Division

•	How will our property be divided?
•	Will I have to share my pension?
•	Is it unconstitutional to deny common-law spouses the right to an equal division of property?
•	Does the law presume that common law spouses are entitled to the same equal division of their property after separation as married spouses?
•	Do you have to share your lottery winnings with your wife?
•	How does Ontario law treat debts at separation ?

Domestic Contracts

•	What happens to a separation agreement if you later reconcile and then separate again?
•	Can spouses sign a contract that penalizes adultery?
•	Can we negotiate a Separation Agreement?
•	Will a Marriage Contract protect my assets?
•	Can I enter into a Marriage Contract after we get married?
•	What happens to our Cohabitation Agreement when we get married?
•	Before I enter into a second marriage, what steps should I take to protect my assets?

Court Procedure

•	Do I need a lawyer to go to court?
•	Can I change the prior court order or agreement?
•	Does it matter who starts the court proceeding?
•	What is Mediation?
•	Do both spouses have to be in the same room for Mediation?
•	Now that I have decided to separate from my wife, what is the process to settle all our outstanding issues regarding our children, support and property division?
•	Can you please list the different methods used to settle the outstanding issues?
•	What is Neutral Evaluation?
•	What is Arbitration?
•	What is Mediation/Arbitration?
•	How can Mediation help us?
•	What are the different types of Mediation?
•	What is the cost of Mediation?
•	If we have settled everything between ourselves, do we still need a lawyer?
•	What is a Motion?
•	When can you bring a Motion?
•	Who can bring a Motion?
•	How do you bring a Motion?
•	What is Collaborative Family Law?
•	What is a 'Competent Lawyer'?
•	How do you put a dollar value on 38 years of physical, psychological and sexual abuse committed by a husband and father?
•	Why should I hire a lawyer when I can buy the court forms and fill them out myself?
•	Which parent chooses / decides a child's name?
•	How can communication between separated parents be improved?
•	Is a person presumed innocent of a criminal charge in Family court?
•	Do the police have the legal authority to enter your home to end an argument that turns physical?
•	What is a D.R.O.?
•	Is it legal to secretly videotape your child's nanny?
•	Can a child’s personal diary be used in a family court case?
•	Can you sue the police for failing to investigate a complaint of domestic violence?
•	Who is the voice for Ontario’s vulnerable children ?
•	What should I look for in a Family lawyer ?
•	Can a Judge make a decision without giving adequate reasons ?
•	Can I sue my husband for not granting me a religious divorce ?
•	Is mediation really voluntary ?

Click here for a consultation with Steven Benmor.


	DISCLAIMER		The contents of this web site are provided for general information purposes only. They are not meant to be legal advice or create a lawyer-client relationship. If you want information or advice relating to your individual circumstances you should consult with your own lawyer or retain the legal services of Steven Benmor. You may download and print a copy of the material on this site for non-commercial, personal or educational use. Our copyright notice and this disclaimer must remain on all copies.